HomeMy WebLinkAboutItem C13 C13
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
September 10, 2025
Agenda Item Number: C 13
2023-4510
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Cory Schwisow
No
AGENDA ITEM WORDING: Approval of the Memorandum of Agreement by, and among, Florida
International University(FIU) and Monroe County to access and use FIU's Recreational Center as a
special/functional needs hurricane evacuation center.
ITEM BACKGROUND:
FIU has maintained a Memorandum of Agreement with Monroe County to use FIU's Recreational
Center as a special need's hurricane evacuation center since 2012. This MOA updates University and
County points of contacts and outlines the roles and responsibilities of FIU and Monroe County during
an out-of-county evacuation.
PREVIOUS RELEVANT BOCC ACTION:
Florida International University(FIU) and Monroe County have maintained a Memorandum of
Agreement (MOA or Agreement) to provide safe shelter for Monroe County's Special Needs residents
during and out-of-county evacuation for a category 2 and above hurricane. Under this MOA, FIU agrees
to provide portions of FIU's recreational center for the establishment of a special/functional needs
hurricane evacuation center during an event that necessitates the evacuation of Monroe County Special
needs residents. FIU shall be responsible for the day-to-day maintenance repair of the center and use its
best efforts to maintain an ample quantity of fuel for the operation of the emergency generator. This
agreement reflects FIU's statutory duty as required by F.S. 252.385. The previous MOA was approved
and signed on July 13, 2012, and expired on December 31, 2022.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Update expired Memorandum of Agreement
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
FlU SPINS Sheltering MOA Atty Approved 8-25-25.pdf
FINANCIAL IMPACT:
TBD
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MEMORANDUM OF AGREEMENT BY, AND AMONG,
FLORIDA INTERNATIONAL UNIVERSITY AND
MONROE COUNTY
This Memorandum of Agreement("MOA") is entered into this day of September
2025, by and between The Florida International University Board of Trustees, by and on
behalf of Florida International University (hereinafter referred to as 71U"), whose
principal business address is 11200 S.W. "8th Street,Modesto Maidique Campus,Miami,
Florida 33199, and Monroe County (hereinafter referred to as "COUNTY"), a political
subdivision of the State of Florida, whose principal business address is 1100 Simonton
Street, Key West, Florida 33040.
PURPOSE
In accordance with F.S. 252.385, the purpose of this MOA is to establish the general
conditions for the COUNTY to access and use FIUs Recreational Center as a
special/functional needs hurricane evacuation center ("HEC") for COUNTY Special
Needs residents when it has officially declared an evacuation due to a threatened major
hurricane or due to some other natural or man-made disaster (collectively referred to
herein as an "EVENT"). The parties acknowledge and agree that this MOA supersedes
and replaces any prior agreements on or related to this matter.
1. MOA Term: This MOA shall commence on the latest date the parties fully execute it
and shall end on December 31, 2035.
2. FlU Responsibilities: FIU shall be responsible for the following concerning this
MOA:
a. As required by F.S. 252.385, FlU agrees to provide COUNTY (or its designated
agent) with exclusive use of mutually agreed portions of FI 's Recreational
Center for the establishment of a special/functional needs HEC during an EVENT
that necessitates the evacuation of Monroe County Special Needs residents. FIU
acknowledges that, depending upon the extent of the disaster, the Special Needs
sheltering population shall vacate the facility(s) no later than five (5) days after
the occurrence of the EVENT, unless this timeframe is extended because the
County has not yet declared the roads safe and passable enabling reentry into the
County.
b. FlU shall comply with applicable federal, State, and local laws (collectively
referred to as "LAWS"),FIU policies,procedures, and regulations in carrying out
Florida International University's obligations under this MOA subject to the
condition that this requirement shall not: (a) impose any additional
responsibilities, liabilities, and/or obligations on FlU other than those specifically
delineated in this MOA and(b)require FlU to incur any costs, expenses or other
financial obligations unless provided explicitly in this MOA or otherwise agreed
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to by the parties in writing. The parties agree that the HEC shall not be construed
as a pet-friendly Center. However, in accordance with Public Law 109-308,
entitled the "Pets Evacuation and Transportation Standards Act of 2006," as well
as the Department of Justice revised final regulations implementing the
Americans with Disabilities Act (ADA) for Title II and Title Ill, "entities must
permit service animals to accompany people with disabilities in all areas where
members of the public are allowed to go." FIU shall not be responsible for
providing care, food, or a special location for the service animal(s) or assistance
with removing animal excrement. Monroe County agrees to remove a service
animal from the premises if the animal's behavior poses a direct threat to the
health and safety of others. If a service animal is excluded or removed because it
poses a direct threat to others, the individual with a disability will be provided
with the option of continuing access to the HEC without the service animal
present on the premises.
c. FIU shall be responsible for the normal day-to-day maintenance and repair of the
Recreation Center. If FIU incurs additional costs due to COUNTY's use and
operation of the Recreation Center, COUNTY shall be responsible, upon
presentation of all necessary and appropriate documentation within a thirty (30)
day period, for the timely reimbursement to FIU for any such costs.
d. FIU shall use its best efforts to the extent feasible and practical in each emergency
to maintain an ample quantity of fuel for the operation of the emergency
generator. As part of this requirement, FIU will have the fuel tank filled on or
before June 1 of each year to the highest level that the tank can safely hold or to
a level adequate for a minimum of four(4)days at actual emergency demand load
as determined by fuel usage records.
e. At least thirty (30) days prior to each hurricane season (June 1), FIU and
COUNTY shall conduct a joint inspection of the Recreation Center.
3. Monroe County Responsibilities: Except as provided above,the COUNTY, at its own
expense, shall be fully responsible for the establishment and operation of the
Recreation Center during each EVENT, which shall include, but not be limited to:
a. Providing FIU with as much advance notice as possible regarding the need for
the Recreation Center through scheduled, pre-event, conference calls, and direct
communication with the FIU Emergency Management Director.
b. COUNTY shall also comply with the LAWS and FIU regulations, policies, and
procedures.
c. Adhere, for all Recreation Center sheltering purposes, to FIU guidance that will
be developed by the parties at least thirty (30) days prior to hurricane season.
d. Ensuring that the location and available supplies, equipment, and services are
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adequate to meet the needs of Monroe County special needs residents.
e. The Florida International University Police Department and Monroe County
Sherriffs Office shall jointly determine the level of assistance, if any, required
from each of their respective police departments no less than three (3) days prior
to each EVENT. Once determined, the Parties shall confirm their mutual
determination in writing, which may be done by email or other suitable means
under emergency circumstances.
f. The COUNTY shall be responsible for repairing and/or replacing all parts of the
Recreation Center or other facilities damaged or destroyed by the COUNTY or
individuals occupying the facility under the COUNTY's auspices. Such
notification(s) of any damage resulting from the use of the facility for sheltering
purposes must be in writing and shall be submitted to the COUNTY.
g. Notifying FI 's Department of Emergency Management Director of any matters
or issues concerning the operations and/or management of the Recreation Center
when observed or otherwise made aware of.
h. COUNTY shall perform all of its obligations under this MOA at its sole cost and
expense. COUNTY shall be responsible for reimbursing FIU for all appropriate
and accurately documented costs and expenses incurred by FIU as a result of
Recreation Center activation. Reimbursement to FIU for such expenses shall be
in accordance with the Florida Local Government Prompt Payment Act.
4. MOA Managers: FN AND COUNTY have identified the following representatives
as MOA Managers. These individuals shall be responsible for coordinating activities
and responsibilities under this MOA and shall serve as liaison/agency contacts
regarding issues or other matters arising out of this MOA:
a. FIU MOA Manager: FIU Director of Emergency Management
Department of Emergency Management
11200 SW 8th Street
Miami, FL 33199
(305) 348-6975
Email:
b. Monroe County Manager: Monroe County Emergency Management Director
Monroe County Emergency Management Department
7280 Overseas Highway
Marathon, FL 33050
Telephone: (305) 289-6018
Email: rig° �wuri��5. INDEMNITY AND HOLD HARMLESS: It is the intent of the parties that each party
be responsible for the acts and omissions of its own officers, employees, and agents.
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FIU and COUNTY each agree to be responsible for the acts and omissions of their
respective officers, employees, and agents that occur within the course and scope of
their employment, and which directly result in injury to third parties to the extent
provided in Section 768.28, Florida Statutes.
As consideration for the use of the facilities, COUNTY agrees to indemnify,up to the
limits of liability prescribed by Section 768.28, Florida Statutes, and hold FIU, the
FIU Board of Trustees, the Florida Board of Governors and the State of Florida, and
their respective officers, employees, and agents, harmless from and against, any
liability, suits, claims, demands and actions, costs, attorney's fees, and expenses of
any kind or nature whatsoever for any loss of life, personal, or economic injury, or
damage, or loss, to property which is, or are, attributable to, negligent acts or
omissions of COUNTY officers, employees, agents or volunteers while using FI 's
premises and facilities,and from,and against,any orders,judgments or decrees which
may be entered pursuant thereto.Nothing in this Agreement shall be deemed to affect
the rights, privileges, and immunities afforded FIU, the FIU Board of Trustees, The
Florida Board of Governors, the State of Florida, and COUNTY by law, including
but not limited to the sovereign immunity protections prescribed by Section 786.28,
Florida Statutes.
6. Insurance: The COUNTY shall provide FIU with certificates of insurance showing
proof of general liability coverage with limits that adequately cover the activities
undertaken on FI 's property. At a minimum, such policies shall provide
comprehensive general liability coverage with limits of $500,0001$1,000,000. All
insurance policies shall designate FIU,the FIU Board of Trustees,the State of Florida
Board of Governors, and the State of Florida as additional insured. Unless otherwise
agreed to in writing, there shall be no exclusions or deductibles unless agreed upon
in writing in advance. COUNTY may partially satisfy this requirement by providing
proof of self-insurance up to the limits of the State's waiver of sovereign immunity
in Section 768.28, Florida Statutes.
7. Termination: This MOA may be terminated upon mutual written consent of both
parties. Additionally, in the event of a default by either parry under this MOA, the
other parry may terminate this Agreement and pursue any rights available at law or
in equity if such default is not cured within a reasonable period after a written notice
of default is sent to the defaulting parry.
8. Miscellaneous Provisions:
a. Notice. If and when notice is required under this MOA, the notice shall be sent
by first-class mail, return receipt requested, Federal Express, with evidence of
delivery thereof, or by hand delivery to the parties at the following addresses or
such other addresses or manner as the parties may designate in writing from time
to time. In the event of an emergency, notice may be given orally and confirmed
in writing no less than twenty-four(24) hours later.
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For FIU: Senior Vice President for Operations and Safety
Florida International University
Modesto Maidique Campus
11200 S.W. 8th Street
Miami, FL 33199
Telephone: (305) 348-2111
Email: Javier.marques@fiu.edu
With Copy to: FIU Director of Emergency Management
Department of Emergency Management
[Same Address as Above]
Telephone: (305) 348-6975
Email: Al)ajhep� (J ➢IJ7 ed u
For Monroe County: Monroe County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
Telephone: (305) 292-4441
Email: flufley
With a Copy to: Monroe County Emergency Management Director
Monroe County Emergency Management
7280 Overseas Highway
Marathon, FL 33050
Telephone: (305) 289-6018
Email S(,Ii i riOw:�"Qr@(�)M��rr-(: �,, "Oi.uri7 6p..,gQ
b. Mutual Cooperation. It is the intent of the parties to aid each other in their
common goal of emergency management preparation. To this end, the parties
shall periodically confer to discuss any changes required in this MOA or its
implementation.Additionally, the parties agree to cooperate in the investigation
of any claim arising from this MOA and to notify the other parties of any claim
or suit that arises out of the obligations of this MOA.
c. Non-Discrimination. No person shall be discriminated against or denied access
to services or the benefits of this MOA based on race, color, sex, national origin,
age, religion, handicap, or disability.
d. Severability. If any term, provision, covenant, or condition of this MOA is held
by a court of competent jurisdiction to be invalid, void, or otherwise
unenforceable, the remainder of the provisions of this MOA will remain in full
force and effect.
e. Entire Agreement. This MOA and all exhibits and attachments attached hereto
contain the entire and complete understanding and Agreement between the
parties pertaining to the subject matter herein and supersede any prior
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agreements or understandings, whether oral or written, relating to the subject
matter hereof.
f. Amendments. This MOA may be amended or modified by mutual consent of the
parties,provided any such amendments or modifications shall be in writing and
signed by authorized representatives of both parties.
g. Waiver. No waiver of any of the provisions of this MOA shall be deemed or
shall constitute a waiver of any other provisions, whether or not similar, nor
shall any waiver constitute a continuing waiver. No waiver of any provision of
this MOA shall be effective unless in writing and signed by the party to be
charged. No delay in acting with regard to any breach of any provision of this
MOA shall be construed to be a waiver of such breach.
h. Assignability_. Neither party may assign any interest in this MOA without the
prior written consent of the other party.Any attempted assignment shall be void
and of no effect if not in accordance with this MOA.
i. Counterparts. This MOA may be executed in counterparts, each of which shall
be deemed to be original, but all of which together will constitute one and the
same MOA.
j. Independent Contractor Status. It is mutually understood and agreed that the
relationship between the parties shall be that of independent entities contracting
with each other at arm's length toward an independent contractor relationship.
This MOA does not, and shall not, be construed to create the relationship of
agent, employee,partnership,joint venture, or association between the parties.
k. Compliance with Laws. Each parry shall comply with applicable Laws
pertaining to this MOA.
1. Force Majeure. Neither parry shall be liable to the other parry for any
interruption, failure, inability, or delay to perform hereunder if such failure,
inability, or delay is due to any cause beyond the reasonable control of the parry
so failing, including without limitation, acts of God, acts of any government,
war or other hostility, civil disorder, the elements, fire, explosion,power failure,
telecommunications service failure or interruption, equipment, failure, industrial
or labor dispute, or inability to access necessary supplies, and due diligence is
used in curing such cause and in resuming performance.
m. Binding Agreement: This MOA shall be binding upon and shall inure to the
benefit of the parties and their respective representatives, successors, and
permitted assigns.
n. Confidentiality: Monroe County shall ensure that all staff assigned to this MOA
maintain confidentiality regarding individual participants receiving services in
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accordance with applicable Laws.
o. Health Insurance Portability and Accountability Act: To the extent applicable,
the parties shall comply with the Health Insurance Portability and
Accountability Act of 1996 (42 U. S. C. 1320d-8) and all applicable regulations
now or hereinafter promulgated thereunder.
p. Sovereign Immunity: Nothing herein is intended to serve as a waiver of
sovereign immunity by either party under this MOA to the extent applicable.
Further, nothing herein shall be construed as consent by a state agency, a public
body corporate of the State of Florida, or a political subdivision of the State of
Florida to be sued by third parties in any matter arising under this MOA or other
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed
by their undersigned officials as duly authorized.
The Florida International University Board of Trustees
By: Javier Marques
Title: Senior Vice President
Date:
Approved as to form and legality:
By:Alfred Guerra
Title: University Counsel
Date:
Monroe County Board of County Commissioners
By: Jim Scholl
Title: Mayor, Monroe County
Date:
Monroe Cmuity Attorney
Approved as to F—And Legal Sufficiency
Donald Townsend,Jr.
Assistant County Attorney
Date:Aug 25,2025,11:31 am
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